First-tier Tribunal sets fair rent for social housing tenant under Rent Act 1977

OUTCOME: Allowed

FR27 First-tier Tribunal – Property Chamber File Ref No. LON/00AP/F77/2025/0126

Notice of the Tribunal Decision

Rent Act 1977 Schedule 11

Address of Premises The Tribunal members were 75 St Loy’s [ADDRESS] [POSTCODE]

[NAME]

[COMPANY]

Tenant Ms [APPELLANT] [NAME]

1. The fair rent is £275.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)

2. The effective date is 10 June 2025

3. The amount for services is

Per

None

4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is

Per

None

5. The rent is not to be registered as variable.

6. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf).

7. Details (other than rent) where different from Rent Register entry

None

8. For information only:

(a) The fair rent to be registered is the maximum fair rent as prescribed by the Rent Acts (Maximum Fair Rent) Order 1999. The rent that would otherwise have been registered was £326.40 per week.

(b)

[NAME] of decision 10 June 2025

FR27 MAXIMUM FAIR RENT CALCULATION

LATEST RPI FIGURE X 402.2

PREVIOUS RPI FIGURE Y 323.5

X 402.2 Minus Y 323.5 = (A) 78.7

(A) 78.7 Divided by Y 323.5 = (B) 0.24

First application for re-registration since 1 February 1999 - NO

If yes (B) plus 1.075 = (C) N/A

If no (B) plus 1.05 = (C) 1.29

Last registered rent* 213 Multiplied by (C) = 274.77 *(exclusive of any variable service charge)

Rounded up to nearest 50p = 275

Variable service charge No If YES add amount for services

MAXIMUM FAIR RENT = £275.00 Per Week

Explanatory Note

1. The calculation of the maximum fair rent, in accordance with the formula contained in the Order, is set out above.

2. In summary, the formula provides for the maximum fair rent to be calculated by:

(a) increasing the previous registered rent by the percentage change in the retail price index (the RPI) since the date of that earlier registration and

(b) adding a further 7.5% (if the present application was the first since 1 February 1999) or 5% (if it is a second or subsequent application since that date).

A 7.5% increase is represented, in the calculation set out above, by the addition of 1.075 to (B) and an increase of 5% is represented by the addition of 1.05 to (B).

The result is rounded up to the nearest 50 pence.

3. For the purposes of the calculation the latest RPI figure (x) is that published in the calendar month immediately before the month in which the Tribunal’s fair rent determination was made.

4. The process differs where the tenancy agreement contains a variable service charge and the rent is to be registered as variable under section 71(4) of the Rent Act 1977. In such a case the variable service charge is removed before applying the formula. When the amount determined by the application of the formula is ascertained the service charge is then added to that sum in order to produce the maximum fair rent.

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Case Reference

: LON/00AP/F77/2025/0126

Property : 75 St Loy’s [ADDRESS] [POSTCODE]

Tenant

: Ms [APPELLANT] [NAME]

Landlord : [COMPANY] of Objection : 17 February 2025

Type of Application : Section 70, Rent Act 1977

Tribunal

: Mr [NAME] of Summary Reasons : 10 June 2025

_______________________________________________

DECISION

The sum of £275 per calendar week will be registered as the fair rent with effect from 10 June 2025, being the date, the Tribunal made the Decision. ____________________________________

© CROWN COPYRIGHT 2024

SUMMARY REASONS FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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Background

1. Following an objection from the Landlord to the determination of a fair rent by the Rent Officer, the Tribunal has made a determination under the provisions of the Rent Act 1977.

2. The parties did not request a hearing or inspection to determine this matter and the Tribunal agreed with this arrangement and considered this case on the basis of the papers provided by the parties and the Rent Officer with the assistance of Rightmove and Google Maps.

Evidence

3. The Tribunal did not receive completed Reply Statements from the parties or evidence of market rents in the Tottenham area. The Tribunal had before it, the Rent Officers two Registrations and calculations for the most recent registration on the 3 February 2025.

Determination and Valuation

4. Having consideration of the Landlords evidence and our own expert, general knowledge of rental values in the Tottenham area, we consider that the open market rent for the property in its current condition would be in the region of £510 per calendar week. From this level of rent we have made adjustments in relation to:

Terms of tenancy, no white goods, no carpets or curtains. This equates to approximately 20%

5. The Tribunal has also made an adjustment for scarcity at 20%

6. The full valuation is shown below:

Market Rent £510 pw

Less

approx. 20% £102

£428

Less Scarcity

approx. 20%

£81.60

3 £326.40 pw

Decision

7. The uncapped fair rent initially determined by the Tribunal, for the purposes of section 70, was £326.40 per calendar week. The capped rent for the property according to the provisions of the Rent Acts (Maximum Fair Rent) Order 1999 is calculated at £275 per calendar week. The calculation of the capped rent is shown on the decision form.

8. In this case therefore the lower rent of £275 per calendar week is to be registered as the fair rent or this property.

9. It is often the case that market rents are in excess of those that maybe charged by social landlord’s as it is a significant part of their remit to provide affordable housing. As such depending on the type of tenancy agreement their calculation of rent is either at a percentage of market rent or by way of index. Comparison is made with the open market rather than limited to other properties which are offered by social housing providers. It is assumed that the landlord will by usual convention of social landlord’s not seek to increase the rent proposed in its original notice as a result of this determination.

Chairman: [NAME]: 10 June 2025

APPEAL PROVISIONS

These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA